2011 (9) TMI 955 - SC - Indian Laws

Whether there was no consideration on merits of the cases of the appellants before 21.9.2001 and therefore the orders passed in cases of the appellants retiring them compulsorily from service were not bad in law? Whether the cases of the appellants for compulsory retirement could have been considered again before they had reached the age of 55 years when the Screening Committee had already considered their cases for compulsory retirement on their attaining the age of 50 years on July 17 2000 and had not recommended their compulsory retirement which recommendation was accepted by the Full Court of the High Court?

Issues Involved:
1. Legality of compulsory retirement of judicial officers under relevant rules.
2. Consideration of uncommunicated or adverse Annual Confidential Reports (ACRs).
3. Requirement of opportunity to make representation against adverse ACRs.
4. Impact of prior review on subsequent compulsory retirement decisions.
5. Role of Lt. Governor and necessity of Council of Ministers' advice.
6. Allegations of arbitrariness, mala fide, and violation of principles of natural justice in recording ACRs.

Issue-wise Detailed Analysis:

1. Legality of compulsory retirement of judicial officers under relevant rules:
The appellants were compulsorily retired under Rule 56(j) of the Fundamental Rules, read with Rule 33 of the Delhi Judicial Service Rules 1970, and Rule 16(3) of the All India Service (Death-cum-Retirement Benefit) Rules 1958. The Supreme Court upheld the legality of these retirements, emphasizing that the rules allowed for such actions in the public interest after the officers attained the age of 50 years. The Court noted that the entire service record, including adverse ACRs, was considered in making these decisions.

2. Consideration of uncommunicated or adverse Annual Confidential Reports (ACRs):
The Court held that uncommunicated adverse remarks could be considered in compulsory retirement decisions. It emphasized that the entire service record, including adverse entries, must be reviewed. The Court cited precedents indicating that even uncommunicated adverse entries could be taken into account, provided the decision was not arbitrary or mala fide.

3. Requirement of opportunity to make representation against adverse ACRs:
The appellants argued that they were not given an opportunity to represent against adverse ACRs before their compulsory retirement. The Court rejected this argument, stating that principles of natural justice do not require an opportunity to be heard in cases of compulsory retirement, as it is not a punishment. The Court reiterated that uncommunicated adverse remarks could be considered, and the absence of an opportunity to represent against such remarks does not invalidate the retirement decision.

4. Impact of prior review on subsequent compulsory retirement decisions:
The appellants contended that once their cases were reviewed at the age of 50 and no adverse decision was made, a subsequent review before they reached 55 was impermissible. The Court disagreed, stating that the earlier decision was tentative and did not preclude subsequent reviews based on new material. The Court emphasized that the integrity of judicial officers is paramount, and new information regarding doubtful integrity warrants immediate action.

5. Role of Lt. Governor and necessity of Council of Ministers' advice:
The appellants argued that the Lt. Governor's order of compulsory retirement without the advice of the Council of Ministers was ultra vires. The Court rejected this contention, noting that under Article 235 of the Constitution, the High Court's recommendation in matters of judicial officers is binding on the Governor. The Court held that the Governor must act on the High Court's recommendation without requiring the Council of Ministers' advice, ensuring the independence of the judiciary.

6. Allegations of arbitrariness, mala fide, and violation of principles of natural justice in recording ACRs:
The appellants alleged that the recording of ACRs was arbitrary, mala fide, and violated principles of natural justice. The Court found no merit in these allegations, noting that the ACRs were recorded based on comprehensive assessments and discreet inquiries. The Court emphasized that the entire service record, including adverse entries, justified the decision to retire the officers compulsorily. The Court upheld the High Court's actions, stating that the decisions were neither arbitrary nor capricious.

Conclusion:
The Supreme Court dismissed the appeals, upholding the compulsory retirement of the judicial officers. The Court emphasized the importance of considering the entire service record, including uncommunicated adverse entries, and reiterated that the High Court's recommendations are binding on the Governor. The Court found no evidence of arbitrariness, mala fide, or violation of principles of natural justice in the recording of ACRs or the decisions to retire the officers compulsorily.

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